Abandonment in OR
Contents
Abandoned easement
Easements are perpetual, but cease to exist when abandoned. Because an easement is an interest in land, the statute of frauds requires that the abandonment be in writing to be enforceable. ORS 41.580(1)(e) [1]
Abandoned property in a conservatorship
A conservator may abandon an estate asset without prior court approval if the conservator is acting reasonably to accomplish the purposes for which the conservator was appointed. ORS 125.445(8) [2]
Abandoned property in a probate
Subject to statutory restrictions or as otherwise provided by the will of the decedent, a personal representative, acting reasonably for the benefit of interested persons, is authorized to abandon burdensome property when it is valueless, or is so encumbered or is in a condition that it is of no benefit to the estate. ORS 114.305 [3]
Abandoned property in a receivership
After giving notice, a receiver may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property. ORS 37.280 [4]
Abandoned railroad lines
When a railroad gives notice of its intention to abandon a railroad line, the Department of Transportation shall provide a copy of the notice to the county surveyor of each county in which the line to be abandoned is located. If the county surveyor requested a copy of the right of way plats for the line to be abandoned, you should be able to find them in the county surveyor’s office. The plats should show the center line of trackage as originally constructed and currently existing, together with ties to monumented public land survey corners, as shown by the right of way plats. ORS 209.300 [5]
Abandoned state highway
Whenever the Department of Transportation relocates or realigns a state highway and determines that the old right of way is no longer needed for any other public road use, if such eliminated sections are not owned by the Department in fee, the Department will abandon such sections, which shall revert to and title shall vest in the abutting owner or owners. ORS 366.300 [6]
